The First Amendment is the principle guarantor of speech rights in the United States, but the court's interpretations of it often privilege the interests of media owners over those of the broader citizenry. In Speech Rights in America, Laura Stein argues that such rulings prevent the First Amendment from performing its critical role as a protector ......
Many believe that the Fourth Amendment is a poor bulwark against state tyrannies. Here, the author looks at its history. He presents two arguments, first, the original Fourth Amendment served important political functions and secondly, the Amendment's meaning changed when the Fourteenth Amendment was created to give teeth to outlawing slavery.
Congress, the Constitution, and the Protection of Individual Rights
Assesses Congress's historical role in interpreting the Constitution and protecting the individual rights of citizens, challenging conventional wisdom that courts, not legislatures, are best suited for this role. This work examines three historical eras: Reconstruction, the New Deal era, and Civil Rights era of the 1960s.
Shows how the racial boundaries of civic life are based on the perceptions about the relative capacity of minority groups for legal behavior, which the author calls juridical racialism. This book argues that the story of juridical racialism shows how race and citizenship served as a nexus for the professionalization of the social sciences.
A Comparative Legal Analysis of the Freedom of Speech
Compares the First Amendment with free speech law in Japan, Canada, Germany, and the United Kingdom - countries that are all considered modern democracies, but have radically different understandings of what constitutes free speech.
Judging Equality from Baker v. Carr to Bush v. Gore
In the wake of the 2000 Florida election controversy, many Americans have questioned how the Supreme Court should decide election law disputes. Presenting a study of the issue, this book rethinks the Supreme Court's role in regulating elections. It shows that it should leave contested questions of political equality to the political process.
Drawing on social psychology to detail three ways in which unconscious assumptions can lead to discrimination, this book demonstrates how these dynamics interact in medical care to produce an invisible, self-fulfilling, and self-perpetuating prophecy of racial disparity.
The volume will be the second in an ongoing project on the legal regulation of athletics. It will consist of a set of essays on a variety of legal issues facing professional basketball. The contributors are a distinguished group of academics and practitioners who have long focused their intellectual efforts on the legal governance of professional ......
In this new edition, author Steven J. Cann once again enlivens the topic of United States administrative law through the use of recent and "classic" legal cases to make it accessible and interesting to students. Administrative Law, Fourth Edition is an engaging casebook that presents a unique problem-solving framework that contrasts democracy with the administrative state. This novel approach places the often complex subject matter of U.S. administrative law into a more comprehensible context. The Fourth Edition has been completely updated and revised and includes many new cases to reflect changes in the law since the year 2000. Each chapter begins with an interesting case that introduces key concepts followed by a summary of the principles, doctrines, and legal tests used by the courts in that area of administrative law. New cases in the Fourth Edition include: Norton v. Southern Utah Wilderness Alliance, 2004. President Bush's Secretary of Interior made a decision to allow off-road vehicles in wilderness areas. Pennsylvania State Police v. Suders, 2004. This is the Supreme Court's most recent sexual harassment case. Correctional Services Corporation v. Malesko, 2001. Correctional Services Corporation is a private company that contracts with the federal government to run halfway houses. An employee's reckless disregard caused the plaintiff to have another heart attack. Whitman v. American Trucking Association, 2001. The case involves the EPA's enforcement of the Clean Air Act and is the Supreme Court's most recent delegation of power case. Administrative Law is an essential tool for those seeking to understand, or obliged to work within, its general principles. It is an excellent textbook for advanced undergraduate and graduate students studying administrative law in departments of political science and public administration.
